ORDER :

Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order dated 20.08.2018 passed in O.S.No. unnumbered of 2018 on the file of District Munsif, Rasipuram.

1. The Civil Revision Petition is filed challenging the order passed by the Trial Court rejecting the un-numbered plaint.

2. The learned counsel for the petitioner assailed the impugned order on the ground that rejection of un-numbered plaint cannot be treated as a deemed decree and hence, the revision is maintainable.

3. I had an occasion to consider this question, whether an order rejecting unnumbered plaint can be treated as deemed decree for the purpose of filing an appeal in T. Kumar Vs. Pavai Varam Educational Trust, AIR 2023 Mad 42 : MANU/TN/9817/2022, wherein the relevant observation reads as follows:

“6. The contention of the learned counsel for the petitioner cannot be accepted in the light of the clear wordings of Section 2(2) of Code of Civil Procedure. The definition of the expression 'decree' contains three limbs:

(i) The first limb of the definition defines the expression decree by words.

(ii) The second limb of definition is an inclusive definition, it brings